Crimes Act 1961

Matters of justification or excuse - Breach of the peace

47: Protection of members of New Zealand forces

You could also call this:

“New Zealand soldiers must follow orders to stop riots unless the orders are clearly against the law.”

If you’re a member of the New Zealand forces, you must follow the orders of your superior officer. This includes orders to stop a riot. You’re allowed to follow these orders, even if you’re not sure they’re legal. The only time you shouldn’t follow an order is if it’s very clearly against the law.

Whether an order is clearly against the law or not is something that a court decides. It’s not up to you to make that decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328266.

Topics:
Crime and justice > Criminal law
Government and voting > Emergency management

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46: Suppression of riot by persons without orders, or

“People can use reasonable force to stop a dangerous riot if they think the police won't arrive in time to help.”


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48: Self-defence and defence of another, or

“You can use reasonable force to protect yourself or others if you believe it's needed.”

Part 3 Matters of justification or excuse
Breach of the peace

47Protection of members of New Zealand forces

  1. Every one bound as a member of the New Zealand forces to obey the lawful command of his or her superior officer is justified in obeying any command given him or her by any such officer for the suppression of a riot, unless the command is manifestly unlawful.

  2. It is a question of law whether any particular command is manifestly unlawful or not.

Compare
  • 1908 No 32 s 71